[ARRL-OK] Re: Verbiage

[M. Schneider]

I would suggest the following as a more acceptable wording:


C.  REGULATION OF AMATEUR RADIO ANTENNAS.

     (1)  A municipality or county may not enact or enforce an ordinance or
            order that does not comply with the ruling of the Federal
            Communications Commission in "Amateur Radio Preemption, 101 FCC
2nd
            952 (1985)" or a regulation related to amateur radio service
            adopted under 47 C.F.R. Part 97.

    (2)  If a municipality or county adopts an ordinance or order
           involving the placement, screening, or height of an amateur radio
           antenna based on health, safety, or aesthetic conditions, the
           ordinance or order must:
               (a)  reasonably accommodate amateur communications; and
               (b)  represent the minimal practicable regulation to
           accomplish the municipality's or county's legitimate purpose.

   (3)  This section does not prohibit a municipality or county
          from taking any action to protect or preserve a historic,
          historical, or architectural district that is established by the
          municipality or county or under state or federal law.

   (4)  Private land use documents, commonly referred to as CC&Rs
          (Codes, Covenants & Restrictions), may not be enforced where
           such enforcement would conflict with the intent of 1 or 2 above

   (5)  Amateur radio structures in place when the bill is passed would
          be exempt from the provisions of the bill.


Note:  Sections 1, 2,  & 3 are taken from a bill passed by the Texas
legislature, pretty much word for word.  I added Section 4, and Section 5 is
reworded from Lloyd's original post.  Obviously, someone with legal training
should check the wording, especially Sec. 4, to make sure it would stand up
in a court.

(Note to John, WB5SYT:  I believe we have a legal rep for the OK ARRL area,
Larry Hazelwood, W5NZS.  Perhaps you could run this past him?)

Then, we could see about a letter-writing campaign to our representatives.


Mark Schneider - K5MAR
Asst. EC, Payne County, OK ARES